13-37-102. Definitions.
As used in this chapter:
(1) "Affiliate" means a person that controls, is controlled by, or is under common control with:
(a) a commercial entity; and
(b)(i) directly; or
(ii) indirectly through one or more intermediaries.
(2)(a) Subject to Subsection (2)(b), "commercial entity" means a person that:
(i) maintains a physical office in the state; and
(ii) in the ordinary course transacts business at the physical office with consumers located in the state.
(b) "Commercial entity" does not include:
(i) a governmental entity; or
(ii) an entity providing services on behalf of a governmental entity.
(3) "Compensation" means anything of economic value that is paid or transferred to a commercial entity for or in direct consideration of the disclosure of nonpublic personal information.
(4)(a) "Consumer transaction" means:
(i) a sale, lease, assignment, award by chance, or other written or oral transfer or disposition:
(A) that is initiated or completed in this state; and
(B) of:
(I) goods;
(II) services; or
(III) other tangible or intangible property, except securities and insurance or services related thereto; or
(ii) a transaction:
(A) that is initiated or completed in this state; and
(B) that constitutes credit offered or extended by a commercial entity to a person primarily for personal, family, or household purposes.
(b) "Consumer transaction" includes:
(i) the use of nonpublic personal information in relation to a transaction with a person if the transaction is for primarily personal, family, or household purposes; and
(ii) with respect to any transaction described in Subsection (4)(a):
(A) an offer or solicitation;
(B) an agreement;
(C) the performance of an agreement; or
(D) a charitable solicitation as defined in Section 13-11-3.
(c) "Consumer transaction" does not include a transaction related to real property.
(5)(a) "Nonpublic personal information" means information that:
(i) is not public information; and
(ii) either alone or in conjunction with public information, identifies a person in distinction from other persons.
(b) "Nonpublic personal information" includes:
(i) a person's Social Security number;
(ii) information used to determine a person's credit worthiness including a person's:
(A) income; or
(B) employment history;
(iii) the purchasing patterns of a person; or
(iv) the personal preferences of a person.
(6)(a) "Physical office" means a location:
(i) accessible to the public during normal business hours;
(ii) staffed by one or more individuals who conduct business on behalf of the commercial entity; and
(iii) used for the primary purpose of transacting business with consumers in the state.
(b) "Physical office" does not include a post office box, mailing address, registered agent, or virtual office that a person solely relies on for business correspondence.
(7) "Public information" means a person's:
(a) name;
(b) telephone number; or
(c) street address.
(8)(a) Subject to Subsection (8)(b), "third party" means a person other than the commercial entity that obtains nonpublic personal information.
(b) "Third party" does not include an affiliate or agent of the commercial entity that obtains nonpublic personal information.